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Vexol, S.A. de C.V. and Sergio Torreblanca Lopez v. Berry Plastics Corporation
17-2164
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s dismissal of Vexol, S.A. de C.V. and Sergio Torreblanca Lopez’s business tort claims under Mexican law. Denies Berry Plastics Corporation’s motion for sanctions against Vexol. Finds Vexol failed to allege any wrongdoing in Mexico by Berry. Also finds the district court did not err in denying Vexol’s motion to file a third amended complaint. Finally, finds Berry failed to file a separate motion for sanctions, as is required under Federal Rule of Appellate Procedure 38.
Indiana Court of Appeals
In re the Paternity of B.M. and O.M., B.S.M. v. E.S.F. and State of Indiana
49A02-1706-JP-1383
Juvenile paternity. Affirms the denial of B.S.M.’s motion to set aside judgment of paternity as to B.M. and O.M. pursuant to Indiana Trial Rule 60(B). Finds the Marion Circuit Court properly denied B.S.M.’s motion.
Joseph Ira Burns v. State of Indiana
79A04-1705-CR-1005
Criminal. Affirms Joseph Ira Burns’ convictions of Level 2 felony conspiracy to commit burglary, Level 2 felony burglary while armed with a deadly weapon, two counts of Level 6 felony criminal confinement while armed with a deadly weapon and Level 3 felony robbery resulting in bodily injury. Finds the Tippecanoe Superior Court did not err when it determined Linda Mathews was “unavailable” and entered her deposition testimony as evidence. Also finds the state provided sufficient evidence to allow the jury to infer Burns used a handgun during the burglary.
Jonathan McPherson v. State of Indiana (mem. dec.)
20A03-1706-PC-1326
Post-conviction. Affirms the denial of Jonathan McPherson’s petition for post-conviction relief. Finds the post-conviction court did not clearly err in rejecting McPherson’s claims of ineffective assistance of trial and appellate counsel.
Pierre Devon Porter v. State of Indiana (mem. dec.)
49A02-1709-CR-2160
Criminal. Affirms Pierre Devon Porter’s conviction for criminal confinement while armed with a deadly weapon as a Level 3 felony. Finds sufficient evidence was presented to support Porter’s conviction of criminal confinement as a Level 3 felony.
Kristina L. Brown v. State of Indiana (mem. dec.)
85A04-1708-CR-1872
Criminal. Affirms Kristina Brown’s convictions of two counts of Level 4 felony dealing in cocaine and her sentence to an aggregate six years executed. Finds the Wabash Circuit Court did not abuse its discretion in denying Brown’s motion for separate trials. Also finds Brown’s sentence is not inappropriate in light of the nature of her offenses and her character.
D.A. v. D.P. (mem. dec,)
20A03-1705-PO-966
Protective order. Affirms the dissolution of the marriage of D.A. and D.P. and the dismissal of D.A.’s request for an order of protection. Finds D.A. failed to meet her burden of proof to show the Elkhart Superior Court abused its discretion when it determined she had not established the grounds under Indiana Code section 34-35-1-1 for a change of venue from Elkhart County.
Adrian Edwards v. State of Indiana (mem. dec.)
49A05-1702-PC-337
Post-conviction. Affirms the denial of Adrian Edwards’ petition for post-conviction relief. Finds Edwards failed to show the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Also finds Edwards has not demonstrated an abuse of discretion in the issuance of subpoenas.
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